ESTACADA CITY HALL,
COUNCIL CHAMBERS
475 SE MAIN STREET,
ESTACADA, OREGON
MONDAY, OCTOBER 8,
2001 - 7:00 PM
A. CALL TO ORDER
BY PRESIDING OFFICER
The meeting was
called to order at 7:00 pm. Mayor Austin
led in the pledge of allegiance.
Present: Cr. Butcher, Cr. Akins, Cr. Troeh, Cr.
Atkinson, Mayor Austin, CA Cole, CM Ealy, DCR Hovda.
Absent: Cr. Hartwig, Cr. Gavic.
B. CITIZEN AND COMMUNITY GROUP COMMENTS
CM Ealy introduced Beverly Anderson. She has been hired through grant funds from
Mt. Hood Economic Alliance and she will be with us for one year. Her title will be Community Development
Specialist, which will entail projects such as the youth advisory council,
economic development, grant research, Highway 224 gateway project, economic
improvement district in the downtown core area, plus many other things.
Beverly greeted
the Council and stated that she just received her degree from Portland State
University in Community Development. She
gave a brief rundown of her educational and work history.
C. CONSENT AGENDA
1. Approve
September 24, 2001 Council minutes
2. Accounts
payable
Cr. Akins moved to approve the consent agenda. Cr. Butcher seconded the motion. Roll call vote: Cr. Butcher-yes, Cr. Akins-yes, Cr. Atkinson-yes,
Cr. Troeh-yes, Mayor Austin-yes. The
motion passed with 5 yes and 0.
D. PUBLIC
HEARING – Water System Development fee and methodology
Mayor Austin opened the public hearing to discuss the Water System Development fee and methodology.
CM Ealy explained that we have added a pump station and transmission line to the project list, which Chris Liu will be building in his development.
Curt McLeod explained the document and answered questions regarding the methodology.
Chris Liu, EBS Trust, asked how the City will apply SDC credits. He has to upgrade an eight inch transmission line along Cemetery Road to a twelve inch line and he feels he should get SDC credit for the twelve inch line. Curt McLeod explained that the City needs a combination of a booster station or a reservoir, and a transmission line to connect the two. Mr. Lui has chosen to install the booster station and transmission line. Any lines that are over-sized benefits more than the subject property and then the City allows the credit for the difference between the required line and the upgraded over-sized line. Credits can only be applied to offset his actual SDC costs for the entire project. Credits can be carried over from phase to phase, but cannot spill over to other types of services (water costs have to offset water SDC’s only, etc). Any difference in cost and SDC’s would have to be paid by the developer.
The Council discussed having staff look at adding advance financing/ latecomers language to all of our SDC’s. CA explained the difference between the two items and explained that these requests are similar to the LID process, which will be additional work for the City staff.
Mayor Austin closed the public hearing.
Resolution 2001 – 20 – A Resolution adopting a revised methodology and capital improvement plan project list for the development of water system development charges.
Cr. Troeh moved to adopt Resolution 2001 – 20 – A
Resolution adopting a revised methodology and capital improvement plan project
list for the development of water system development charges. Cr. Atkinson seconded the motion. Roll call vote: Cr. Butcher-yes, Cr. Akins-yes, Cr.
Atkinson-yes, Cr. Troeh-yes, Mayor Austin-yes.
The motion passed with 5 yes and 0.
Resolution 2001
– 21 – A Resolution establishing a system development charge for the water
system and establishing an appeal fee.
Cr. Troeh moved to adopt Resolution 2001 – 21 – A
Resolution establishing a system development charge for the water system and
establishing an appeal fee. Cr. Atkinson
seconded the motion. Roll call vote: Cr. Butcher-yes, Cr. Akins-yes, Cr.
Atkinson-yes, Cr. Troeh-yes, Mayor Austin-yes.
The motion passed with 5 yes and 0.
E. CITY MANAGER
REPORT
CM reviewed his staff report.
CM stated that the City has changed the process for street closure permits, now the applicant must seek out approval from the outside agencies. Mayor Austin stated that applicants applying for a street closure permit must obtain their own insurance. The City insurance will only cover City events/committees/commissions.
F. COUNCIL
BUSINESS
Subordination
Process – CA Cole has talked to the bond council and they stated that the
legislature did not address City LID’s and subordination, therefore there is
not any allowance in state statute for this type of request. He does not feel the City should look at
these requests on a case-by-case basis.
He stated since the bond council that issued the bonds for the city does
not feel that the city should subordinate he feels that we should make it our
policy that we do not subordinate at all.
Cr. Troeh asked
why the LID isn't paid in full when the property is sold. CA stated that it can be paid off or rolled
over to the new owner. Generally they
are paid off because it is a requirement of the lending institution, the City
cannot require it to be paid off.
Cliff Seubert,
25062 S Mountain View, Colton, discussed the notes the CA provided the Council
with. He discussed the feelings of the
attorneys from the City of Lyons and Sublimity, which disagree with CA Cole's
opinion. He feels Oregon Economic
Development Department provided the money to the city so they could provide
infrastructure and jobs to the community.
He feels that it is important to be in a partnership with the City and
he is not asking the City to forgo any money.
Not subordinating compromises their ability to provide jobs. He feels that if the city is going to be so
tight on this issue they are jeopardizing the development of the industrial
park. The banks are requiring him to pay
the LID in full or have the City subordinate.
He also stated that according to the bond documents the loans cannot be
paid off until December, 2006. If they
use this money to pay the City they cannot use the money to expand their
business or purchase equipment. He feels
it’s a small price to pay for the 25-30 jobs that it will create.
Mike Park, 30725
SE Hwy 224, Estacada Industrial Park owner, stated when he sold some property
on Westview Lane, which he had LID’s for streets, water and sewer, the loans
were subordinated to the first lender.
He feels the City set precedence in this case. He explained that he has sold eight of the
twenty-five lots in his subdivision. He
reviewed his financial standing with this development and stated that if he has
to refinance the property in order to make his LID payments he will need to
have the City subordinate or he would be required to payoff the full LID of
$1,054,000. He stated that he is current
on all of his LID payments except for the current one which is due by December
1st.
CA reviewed Mr.
Seubert’s memo. He stated the City is
always paid first unless the City subordinates.
He discussed the consequences of foreclosure – we can lose our lien. He discussed the comment that the City cannot
repay the loan until December, 2006 – he stated that the City banks the money
and makes the required payments. The
City cannot pay off the loan until 2006, but the property owners can pay it off
at anytime. If the city does not receive
the landowner’s payment, the city would have to find finances from some other
place in the budget to pay for it. The
city has a responsibility to the lender and the bond holders.
Alan Rademacher,
30735 SE Rivermill Road, Estacada. He
stated that his loan was a residential loan and was only able to secure the
loan because of his relationship with the lenders.
Mayor Austin
explained the parliamentary procedure of reconsidering a motion. There was no motion to reconsider the motion
to subordinate Mr. Seubert’s loan.
Mr. Seubert stated
that the banks are not denying his request due to his credit and he didn't
appreciate the CA insinuating so. CA
explained that all they know about his credit is what he shared with them
tonight and that he did not mean to imply anything negative about his
credit. Mr. Seubert does not understand
how the City could have such a lack of common sense. The City is not creating any jobs in this
area, people like him are the only ones that will. He feels the City has made a statement
tonight that the City is not open for business.
Urban Renewal
Report – CM passed around a draft copy of the report. Staff will continue to work on this report
and will bring back a final report for Council approval.
Memorandum of
Understandings – Informational – CM stated that the city has completed a
new memorandum of understanding with Walker’s Disposal regarding collection
from cans in the downtown area, city hall, city shop, and the community
center. The city has also signed a memorandum
of understanding with the Friends of Community Center regarding the use of the
building for the sheriff’s office and the pickup of garbage at the center.
Ordinance Series of 2001, No. 6 – An Ordinance
repealing Sections 6.04.010, 6.04.020, 6.04.030, 6.04.040, 6.04.050, and
6.04.060 and adding Section 6.04.070 relating to dog licensing and control.
Ordinance Series of 2001, No. 7 – An Ordinance
adding Section 10.24.200 relating to vehicle parking and towing.
CM explained
that these ordinances would incorporate the county ordinances regarding animal
control and towing into the city ordinance.
The Council asked why the city ordinance would be kept in addition to
the county ordinance. CM suggested
postponing the first reading of the ordinance to look at this issue. Cr. Atkinson asked if the issue of cats is
also going to be addressed. CA stated
that he does have examples of ordinances for feral cats.
Mayor Austin stated the Estacada Community Foundation is going to do a
community wide meeting on October 22nd. He suggested changing the date of the next
regular Council meeting so that everyone could attend the foundation meeting at
the Viewpoint Restaurant. Consensus was
to hold a special meeting on October 29th, which will include the
first reading of the ordinances discussed above.
G. CITIZEN AND COMMUNITY GROUP COMMENTS
Curtis Irwin,
22285 S Endive Road, stated the Rivermill PTA contacted him and wants to donate
some playground equipment to the city.
Curtis and PWS Strawn have looked at the items, which include a jungle
gym and teeter-totter. PWS Strawn and
the Parks and Recreation Commission have both recommended that the city accept
the equipment. Curtis has helped the school
remove the items and he would like council permission to accept the equipment
and begin moving the equipment to the city shops. Consensus was to accept the equipment.
Curtis
apologized to the council, citizens and youth for not having the half pipe
together yet. He has tried over and over
to get volunteers, but nobody has shown up.
He went to the Chamber and together they have found another volunteer to
help him complete the project. He feels
that it will be done soon.
Tom Sager, 420
SW Grove, feels that the Council handled themselves very well tonight with a
difficult issue. He told the Council
they need to use their microphones during meetings and have anyone speaking in
the audience go to the podium so that they can be heard and seen on public
access.
Mike Park stated
that he came to the meeting for clarification on the issue and that he does not
have any hard feelings towards the city.
Alan Rademacher
asked if what they discussed tonight will be addressed at a future
meeting. DCR Hovda stated for an issue
to be reconsidered it must be done so at the next meeting after it was
denied.
H. COUNCIL
REPORTS & COMMENTS
Cr. Troeh stated
that her tolerance for being accused of not supporting business in Estacada has
about come to an end. She wants to see
positive growth in Estacada. She stated that
her term will be up at the end of next year and encourages these businessmen
that feel Estacada isn’t going the right direction apply for a position on the
council. She thanked Curtis for his
continued hard work.
Cr. Atkinson discussed the lack of communication
between the city and other agencies in Estacada for scheduling meetings that
conflict. Cr. Atkinson feels the City
should have went out on a limb a little tonight and helped this new business in
Estacada. He feels most businesses in
Estacada are frustrated and he will continue to look for solutions for
them.
Cr. Akins agrees
with Cr. Troeh’s comments. She stated
that it isn’t easy making these decisions.
Cr. Butcher also
stated that her term ends next year and she will not be running for council
again. She feels that this Council and
past Councils have done a good job. She
feels that they need to base their decisions on the experts that they hire and
she will continue to do so. She also
told Curtis that he is not a failure, the people that don’t show up to help him
are the failures. She thanked him for
his hard work.
Mayor Austin
stated that being accused of being against business is ridiculous and hopes he
never hears that again. He thanked
everyone for their comments and felt the Council listened to all sides
professionally.
I. ADJOURNMENT
OF MEETING
The meeting
was adjourned at 9:28 pm.